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CARPENTER v. UNITED STATES

No. 224.

56 F.2d 828 (1932)

CARPENTER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

March 7, 1932.

Attorney(s) appearing for the Case

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Justin C. Morgan, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), for the United States.

Frank F. Williams, of Buffalo, N. Y., for plaintiff-appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

This suit was brought in 1929 against the United States under the Tucker Act, Jud. Code § 24 (20), 28 USCA § 41 (20), to recover the damages the plaintiff claimed to have sustained because the defendant built a fence in 1914 along the street line in front of a portion of the property she now owns. The government replaced a bridge across the Erie Canal at Ferry street in the city of Buffalo, N. Y., in that year, and the fence was then...

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